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A91218 Minors no senators. Or A briefe discourse, proving, that infants under the age of 21. yeares, are uncapable, in point of law, of being members of Parliament, and that the elections of any such are meere nullities; yea, injurious, prejuditiall, dishonourable to the whole Parliament and Kingdome, in sundry respects. / Written by a common-lawyer (a true lover of his country, and honourer of the Parliament) to a friend and client of his, for his private satisfaction, and published for the common-good. Prynne, William, 1600-1669. 1646 (1646) Wing P4008; Thomason E506_33; ESTC R205590 20,692 18

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any number or age of Infants and so by consequence instead of having Concilium Sapientum Senatus Seniorum c. as Parliaments were ancient●y stiled we shall have Parliamentum Puororum Senatus Infantum a Parliament of Children a Senat of Babes if all Cities Burgesses were so Childish so foolish and injurious to the publike in their elections of such as som through the importunity of friends have bin Now how dangerous this may prove to the Kingdom let all wise men judge by the example of King c Rehoboams young Counsellors who discontented his people and lost his Kingdom 3ly Admit the Commons House should determine how many Infants they would allow to be Members perhaps not above five or six to prevent this inconvenience yet the mischiefe and danger of admitting so few may prove very great not only in regard of the illnesse of the President in these signall times of Reformation but of the probable dangerous consequences of it It was a prudent speech of a blunt Burgesle when he was solicited to give his voyce for a young novice This is no Parliament to enter whelps in therefore we must think of som graver person Verily there are so many weighty difficult debates almost every day in the House of matters of highest concernment wherein the House is oft divided in their Votes that two or three Infants misguided voyces for want of judgment to vote a right may infinitly prejudice endanger our three whole Churches Kingdomes in a moment especially if the wheele of fortune should turne against the Parliament by any treachery or disaster Therefore it is very perilous to admit any Infants to sit as Members in such a dangerous over-reaching age as this 4ly It is inevitably perillous and mischeivous as d Bodin truly informat us upon this consideration That the Councell of young men especially of Infants though never so wise vertuous and discreet will never be so readily entertained nor their Commands Advices Ordinances Laws so chearefully submitted to by the people young or old as the Councells Edicts Votes of grave wise and ancient men but be either slighted vilified or disobeyed For those writes he of equall age will think themselves altogether as wise at they and those who are ancienter will deeme themselves much wiser then such young Councellors of state and thereupon scorne contemne deride their Votes Ordinances Resolutions especially when any new Lawes or formes of Government are to be introduced by them and the old laid quite aside as now And in matters of state if in any thing in the world opinion hath no lesse and oftentimes more force then the truth it selfe Neither is there any thing in a Commonweale more dangerous then for Subjects to have an ill opinion of their Councellers Governours Law-makers for then how shall they obey them and if they obey them not what issue is to be expected surely disobedience sedition Rebellion ruine It behoves therefore our present Parliament if they would prevent this dangerous mischiefe to expell all Infant as well as Malignant Members which may draw a very great disparagment contempt or disesteem upon their Councels Votes Ordinances Laws not only in the opinions of Royalists and Malignants but of grave wise well affected persons of Eminency and Ability who perchance will tacitly deem it no small disparagement if not injury and folly for them to submit their Lives Liberties Estates Lawes and consciences in some measure to the votes Resolutions and Commands of Infants under age though backed with the most mature suffrages Advices of many aged wise and eminent Members of greatest integrity and sufficiency It is a memorable observation of Solomon Eccles. 10. 1. Dead flies cause the oyntment of the Apothecary to send forth a stinking savour so doth a little folly him that it in reputation for Wisdome and honour And no man knowes what an evill savour o● contempt disobedience disrespect the apprehention of a little folly in some Infant Members may draw upon the whole Parliament their Ordinances and proceedings though otherwise in great reputation for wisdome and honour e Cicero defined the Roman Sonate to bee the Oracle of the whole City And ●liny resolves f It is a wicked Act to goe against the Authority of the Senate It therefore behooves all Freeholders Citizens and Burgesses of the Realme to take speciall care that they elect not and the Honourable Houses that they admit not any unfit Members whose illegall presence or Votes therein may derogate in the peoples Opinions from their incomparable wisdome or irresistable Authority Fifthly It is mischievous in this that as it opens the mouthes of Royalists Papists Malignants Sectaries and the Prelaticall party to Revile Calumniate censure vilifie not only the new Recruits Votes Ordinances Proceedings of the Commons House for the present so if they should get power enough hereafter which God forbid it may give them occasion to undoe unvote repeale yea nullifie all their Acts Ordinances proceedings for the future because some Infants uncapable by Law of being Members or of consenting for themselves or others had a Vote and Concurrence in their passing whose Acts Votes Consents are either voyd or voydable by Law Certainly when I read the printed Act of 39. H. 6. cap. 1. Which repeales and makes void the Parliament held at Coventry the yeare before and all Acts Statutes and Ordinances therein made upon this very ground among other that a great part of the Knights Citizens and Burgesses appearing in it were unduly Elected against the course of the Kings Lawes and the Liberties of the Commons of this Realme by the meanes and labours of some seditions persons And when I consider that our unconstant persidious King Henry the 3d. nulled and avoyded for a time g the great Charter of the Forrest though confirmed in Parliament upon this pretext that he was a Minor under the Age of 21. when he first granted it and in Ward c. And when I revolve the Statutes of 28. H. 8. c. 7. 1. Edw. 6. c. 11. which authorized the heires of the Crowne to King Henry the 8. and King Edw. the 6. even out of Parliament to repeale all Acts and Statutes made and assented to by them in Parliament before their age of 24. years after they came to the Age of 24. years And when I consider upon what other h slight pretences some former Parliaments and their Acts have bin totally nulled It makes me tremble and feare what future ages may attempt against the proceedings of our present Parliament if the Malignant Royall party should grow potent upon the like pretences especially of undue Elections of Infants and others now complained of unlesse the Parliament take timely care to redresse them and severely prohibit censure all undue underhand practises in new Elections of which we have so many sad complaints in diverse parts The prevention therefore of this grand future mischiefe will undoubtedly move them to apply a present remedy
Because there are greater differences distractions between the King and Parliament and more labouring to make parties in the House to serve ends if possible then in any former Age 3ly Because a greater reformation is now expected promised endeavoured in Church State Parliaments then in any preceedent times 4ly Because the Acts and Members of this Parliament more concerne the Kingdome to be free from all just exceptions and are likely to bee more narrowly scanned sifted both for the present and future times then the Members or proceedings of any former Parliaments and the least just flaw against them may in after ages prove dangerous if not fatall to revoke or shake what ever shall be concluded by them now if not timely prevented 5. Because this Parliament is more lasting then any other and happily may prove diuturnal if not perpetuall 6. Because both Houses have made a more exact purgation of unsitting unworthy Members in this then in any Parliament in former ages and therefore in Justice ought to displace all unable or unsitting Members as well Infants as any others to avoid the just censure of partiality 7. Because more exceptions cavils are will be made against undue elections Members now by Malignants Royalists Prelates then to any Members Elections in former ages Therefore the House should bee more carefull what Members they now admit then they were in former times when there were no such unhappy divisions betweene the King Parliament as now The 3d. Objection is this That the Infants in the House are not many and they are led by the Votes of wiser and more able Members therefore the danger is not great I Answer 1. That if no Infant be capable of being a Member then none ought to be admitted be they many or few 2ly Though they be but few for the present yet there may be more hereafter elected there being new endeavours to bring in more 3ly One or two in judicious Infant Members Votes in matters of momen● when the House comes to bee devided may prove very dangerous 4. Every Parliament man ought to Vote according to his owne judgment not anothers only and it is very dangerous for any to Vote with such and such persons only in the House and to make their Votes the sole ground of their concurrent Ay or No is the high way to factions The 4th and principall Objection is this That it will be both convenient and expedient that young Gentlemen under age of Honourable Families should be Members of Parliament during their Minority the better to enable them to serve their Country therein when they come to r●per yeares it being the best Schoole of Experience to educate to improve young Gentlemen and sit them for publike Action Vpon which ground the eldest Sons of Peeres are admitted to sit in the Lords House and heare their debates to enable them the better to serve the Kingdome when they come to be Peeres and former Parliaments have connived at Infants being Elected Members and at their sitting in the Commons House I Answer 1. That this Argument is a meere fallacy if examined For though most Members of Parliament as well old as young may learne much knowledge and experience by sitting there as all Judges or other Officers do by sitting in Courts of Iustice and execu●ing their places yet they learne it not as Schollers or Auditors in a Schoole but as Iudges and Councelors of state in the supreamest Court and Councell of the Kingdome to discharge which trust they must have some competent abilities of wisdome and experience requisite for Iudges and Councellors of state which Infants want before they can be admitted Members into this highest publike Schoole into which none ought to be elected but such wise men who know both times Law and Iudgment Esth. 1. 13. especially in such times as these 2ly It is an absurdity if rightly stated implying asserting that Infants may be elected to sit and Vote as Members in Parliament for the present to enable them to be s●t Members in it for the future though unsitting for the present when as in truth none should be chosen to such a place of publike t●ust but those alone who are able and * sit to discharge it at the very instant when they are elected Is any Father Schoole-Master so inconsiderate or absurd to send his Son or Scholler to the University before he be fit for a Grammer-Schoole the better to fit and enable him for the Vniversity will the King or Parliament think it just or reasonable to make a puny Barrester Lord Chiefe Justice of England for the present the better to enable him to be a Judge or Chiefe Justice for the future in his riper yeares though unfit unable at the time of his Parent to be a puny Iudge Will any be so sencelesse as to create a puny Schoole-boy chiefe Master of any Free-schoole during his Minority the better to abilitate him to discharge that Office twenty yeares after when hee comes to perfect age Why then should any Infants be elected Parliament men for the present before they are actually fit or capable upon this poore surmise that it will the better instruct them to be able Parliament men in future times Certainly this is and must be like the corrupt practise of the late Prelates who would first admit men to benefices with cure of soules which they were unable to discharge for the present and then grant them dispensations to be resident in our Vniversities for five or six years space together of purpose to fit them to execute their cures and discharge their Ministry some five or six yeares after their institutions and inductions to their Benefices 3ly I dare averre that Infants by following their studies close in the Vniversity and Innes of Court during their minorities will arre better improve themselves to serve their Country in Parliament in after times when they come to yeares of full discretion then by spending their time idlely in the House where they commonly sit like Cyphers with out speaking or observing ought that is materiall which takes them oft from their present studies and bladders them with selfe-conceits of their owne superlative worth abilities 4ly Admit the Objection true yet the prejudice and dishonour the Kingdome whole Parliament shall undergoe by the permission of such unable Members is no wayes recompenced by that little wisdome or experience which two or three Infants may possibly gaine by being Members for the present who happily may never live to serve in future Parliaments or prevatica●e in this 5ly The argument drawne from Peers eldest sonnes admission into the House of Peers as Auditors only not Members is as strong an argument as possible against the Objectors they being permitted like the Sons of some of the cheife Roman Senators of old to come into the Senate not as Peers Members Voters but Auditors or spectators only Therefore the selfesame Law and reasons which exclude Infants
of all England and Vote and judge in their behalfe Secondly As the Parliament is the Supreame Court so the u Greatest Councell of the Kingdome Hence it is usually stiled in our Ancient Writers especially before the Conquest x Concilium SAPIENTUM ore SAPIENTUM POPULI Concilium SENATORUM SENIORUM NATU MAJORUM ALDERMANNORUM c. and are Infants such The Members of it representing the House of Commons are commonly called Sapientes Sapientissimi viri Senatores Seniores populi ●rudentissimi viri Authoritate Scientia pollentes Conspic●i clarique Viri and are Infants such Or can they be stiled such If not then certainly they are no fit Members of such a Councell neither were they so reputed informer ages why then should they be deemed fit Members now when greater weightier businesses of all sorts concerning Church and State are imagitation then in any former age whatsoever or all our Parliaments put together Nay why should they bee deemed meete Members to sit and Vote in this greatest Councell of the Realme at this time who are not thought fit persons to bee admitted in any our most inferiour Councells authorized either by Law or custom at any time Who ever heard or saw an Infant elected a Common-Councell man in any of our Cities Corporations Fraternities Guiles much lesse a Major Alderman Master or Warden in any of them Did ever any of our Kings make choice of Infants for their Priv●e Councellours of State for their Councell of Warre Law Physicke Or were ever any such elected to be Members of any Convocation Synod Councell our x present Laws and Ancient Canons prescribe that no man shall bee made a Minister before the age of 24. yeares much lesse then can bee a Member of any Synod or Convocation before that age And shall Infants then bee capable of being Members of the supream Councell of Parliament before the age of 2● wherein all Acts Canons made in Synods or Convocations must be x ratified before they becom obligatory Certainly this would be a great solecisme disparity absurdity Every Senater and Member of the greatest Councell of the Realme as z Polititians and others resolve ought to be endued with these severall qualifications to discharge that place which Infants commonly want 1. With deepe solid wisdome and gravity 2. Sound judgement 3. Grand experience 4. Impartiall Justice 5. Inflexible undaunted courage and resolution not to be overcome with flattery or threats 6. A prudent foresight to prevent all gro●ing mischiefes 7. A competent measure of Learning and skill especially in the lawes constitutions and Histories of his owne and other States and in State affaires Now what Infant is there to bee found endowed with all these qualities in such an eminent manner as to make him a fitting Member for so great so publike a Councell as the Parliament to which none are to bee admitted but such who are qualified in some good measure for it Thirdly The matters to be debated and transacted in Parliament will easily resolve that they are too ●igh weightie difficult for Infants to debate order as determine aright As namely a First All matters touching the King his Prerogative Crown Revenewes Secondly All matters concerning the State of the Kingdomes of England and Ireland as well in times of Warre as Peace Thirdly All affaires which concerne the defence of the Kingdom by Sea or Land Fourthly The preservation Reformation of the Church Government disciplin of the Church of Engl. and true Religion established therein Fifthly The enacting of new Laws with the amendment or repeale of old ones Sixthly All matters concerning the Courts Officers and administration of Justice Seventhly All things concerning trade commerce the severall arts and professions of all sorts of men Eighthly Crimes grievances oppressions of all sorts Ninthly The liberties properties estates lives limbes of all the people Tenthly The Priviledges of this high Court and of the Members therof Alas what Infant yea what ancient experienced States man almost is sufficient for all these things of moment Yea if we look only upon the great arduous Ecclesiasticall Civill Millitary affaires wherein this Parliament hath spent above five yeares deliberation and debate we shall finde them so intricate difficult ponderous dangerous arduous and transcendent as I am confident all that know them will conclude they transcend the capacity of any Infants to understand much more to debate determine resolve settle in a ●ight and stable way for our Churches Kingdoms future preservation And shall we make or suffer Infants to be Members of this greatest Councell of the Realme to settle determine such difficult weighty things as these which their capacities skill abilities are unable to comprehend much lesse to resolve regulate settle Verily if we should do this I feare the whole Kingdome and Christian world would censure and condemne us as Children for it Finally our b Parliaments themselves have in all ages provided and taken speciall care of Infants educations persons estates enjoyning their Gardians others to take the care and custody of them during their minority and exempting them out of sundry Acts in cases of Lackes Nonclaime fines as persons uncapable to dispose of themselves or their estates yea void of competent wisdome and discretion to manage their owne privat● affaires A direct Parliamentary judgment and resolution in all ages that they are much more uncapable to order settle manage the greatest affaires of the Church State in the supreamest Court and Councell of the Realme 3ly The reasons drawne from the inconveniencies and mischiefs of admitting Infants to be Members are many First it is of one of the saddest judgments God threatens to his people That he will give them Children to be their Princes and Babes to rule over them Isa 3. 4. Eccles. 10. 16. and then what followes The people shall be oppressed every one by another and every one by his Neighbour the Child shal behave himselfe proudly against the ancient and the base against the Honourable Children are their oppressors and women rule over them O my people those that load thee cause the to erre and destroy the way of thy Paths Isay 3. 5. 12. Therefore it must needs be mischeivous and an heavy judgment to have Children and Babes in Law Members of our Parliaments which should be a Councell of the sagest discreetest Senators and Elders of our Realme 2ly It is of very dangerous consequence for Infants to be admitted Members especially in these times of greatest consultation action danger and reformation For first if any one Infant may de jure be a Member of Parliament then by consequence a second third so in infinitum till the House be filled with such for surety if one Infant be capable of being a Member then another as well as hee And if an Infant of twenty yeares then of ten twelve or lesse by like reason since if you once break the Rules of Law you can set no bounds to